Re: Infidelity and Adultery (Cheating) Laws in Georgia

[Willy - Not Me!]

On 14 Mar 2022, Rudy Canoza <notg...@gmail.com> posted some
news:YWUXJ.193020$aT3....@fx09.iad:

> Who in their right might would fuck Fani Willis? Even for money?

From a moral standpoint, there are few things more damaging to a marriage
than adultery. A marriage is entered into with complete trust in one
another, and adultery is, at its heart, a betrayal of that trust.

Legally, the situation surrounding adultery becomes a little more
complicated. In the state of Georgia, there are criminal penalties that
can stem from the act. And in cases of divorce, allegations of adultery
can add immense complications to a legal case. What follows are answers to
a few popular questions about infidelity, cheating, and adultery in the
state of Georgia.

Is Adultery a Criminal Offense in Georgia?
On paper, yes, it is against the law to cheat on your spouse in the state
of Georgia, with Title 16, chapter 9, section 9 of Georgia’s Code of
Criminal Conduct spelling it out pretty clearly. In that section of the
law, it states, “ A married person commits the offense of adultery when he
voluntarily has sexual intercourse with a person other than his spouse
and, upon conviction thereof, shall be punished as for a misdemeanor.”

Legally speaking, adultery must occur during the period in which two
people are married. You cannot be charged with adultery for cheating on
someone you are dating or engaged to.

So yes, adultery is considered a misdemeanor and thus is technically
illegal. That said, there hasn’t been a single case where someone was
charged and prosecuted for adultery in Georgia for the last 100 years.

What is Adultery in the State of Georgia?

By wording it specifically as “sexual intercourse,” the state of Georgia
defines adultery pretty narrowly. Forms of intimacy other than that, such
as sexting, kissing, or heavy flirtation are not legally considered
adultery.

Does Adultery Have to be Between a male and a female?

The law does not distinguish between hetero- or homosexual congress in
defining adultery. If sexual intercourse occurs between two parties, and
one is married, it is legally adultery regardless of their gender.

What is the typical punishment for adultery in Georgia?

As a misdemeanor crime, adultery is punishable by law with up to a year in
jail and a $1,000 fine. But certain circumstances can lead to harsher
punishments and additional charges, including adultery with an individual
under the age of 16, with those suffering from mental illness, or with
those who are unable to provide consent due to drugs or alcohol. Because
in these cases the other party cannot understand the consequences of their
actions or simply doesn’t grasp what is happening, they are protected by
greater criminal penalties.

Beyond the criminal implication of adultery, you can file for divorce on
grounds of adultery if you feel you have enough evidence that your spouse
has committed this crime.

How Long Do I Have to Pursue Adultery in a Court of Law?

As with all misdemeanor offenses, Georgia law provides a two-year statute
of limitations to prosecute for adultery.

What Types of Evidence are Allowed in Court for Adultery and Infidelity
Cases?

There are two types of ways in which adultery can be alleged and proven in
court during a divorce case:


Circumstantial evidence is indirect evidence showing the possibility that
an affair could have taken place. While these are not generally admissible
as evidence, Georgia is one of a handful of states that allow such
evidence to be submitted. Some examples include:


• Cell phone bills showing multiple phone calls and text messages between
the accused spouse and the alleged extramarital partner.


• Tracking data from the accused’s cell phone or other devices, such as
social media data, browser history, or saved texts from messaging apps
such as Snapchat or WhatsApp.


• Witness testimony from anyone who saw alleged infidelity take place.


• Photographs that indicate a romantic relationship, but don’t necessarily
prove adultery, such as images of the accused kissing or going on a date
with one another.


Direct evidence is far more powerful and convincing than circumstantial
evidence. Short of a full-blown admission of guilt, it is among the most
valuable evidence you can bring to trial, as it shows tangible proof of an
affair. Types of direct evidence include:


• Written communications, either on paper or electronic, clearly stating
that adultery occurred.


• Photographic evidence showing the actual act of sexual relations between
the accused and the third party.


• Other documentation or testimony that provides clear proof of an affair.

What Are the Long-Term Consequences of Cheating in Georgia?


If you can prove adultery in court, the penalties for your soon-to-be-
former spouse can be severe. As you would imagine, Georgia judges tend to
not be lenient on spouses who have been shown to have committed adultery.



If adultery is proven in court, it will have impacts on several different
aspects of the divorce and how it is judged by the court:



• Alimony

• Division of marital assets

• Child custody

Let’s start with how a charge of adultery can impact how alimony is
determined. In the state of Georgia, alimony is financial support given by
one spouse to the other during and for some time after the divorce. There
are several different types of alimony in Georgia and can be ordered
either permanently or temporarily. But the bottom line is, that if a
spouse is proven to have committed adultery, they are barred from
receiving any alimony. Regardless of your financial situation or your
spouse, alimony is usually off the table for adulterers.

Marital Property & Separate Property

Adultery can have a huge impact on the way marital assets are divided, as
well. In Georgia, marital assets are considered to be any material or
immaterial possession acquired by either spouse at any point during the
marriage. Regardless of which spouse acquired it, or how, it is all lumped
together as marital assets and divided by the court.

This can include everything from houses, cars, and gifts, but it can also
extend to less tangible assets such as retirement savings, investments,
insurance policies, pensions, stocks, and even debts.

And most Georgia judges are far more inclined to grant a larger portion of
these assets to the spouse who has been wronged. Especially if the
adulterer shows a lack of remorse for their actions, or if they spent
shared marital funds in pursuit of the affair through gifts, vacations,
and hotel rooms.

It’s worth noting that the state of Georgia views “separate property”
differently than marital property during divorce proceedings. Separate
property includes property that one spouse or another acquired before the
marriage began and can include the same range of tangible and intangible
assets as marital property. Typically, these assets are retained by the
original owner rather than being divided up by the principle of equitable
distribution.

While the separate property is generally retained, marital property will
be divided more or less evenly by the court. Generally, these assets are
split equally based on several factors such as each spouse’s contributions
to the marriage and other factors. But in cases of adultery, the courts
almost always favor the wronged party, and will also be more inclined to
favor that the adulterer pays for the other spouse’s court fees in many
situations.

Child Custody and Adultery

In any divorce case, the bottom line of what a judge is looking out for is
the best interests of the children. A history of substance abuse, neglect,
violence or threats of violence, and criminal activity can all weigh
heavily in denying one parent or the other custody of the children.

In cases of adultery, the judge will only typically weigh the
circumstances of the affair in this decision if the affair caused harm to
the child. Exposing the child to inappropriate situations, behaviors, or
actions as a result of the affair, or allowing the child to witness any of
the adulterous actions themselves, are usually not in the best interests
of the child and can impact a custody decision.

The Importance of a Private Investigator for Infidelity

Because of the massive impact adultery can have on a divorce case, we
encourage those facing these dire circumstances to reach out to us as soon
as possible. The earlier we are brought in, the more we can do to collect
evidence and influence the outcome in your favor.

One of the more common methods we use for collecting important evidence is
through hiring a private investigator. As mentioned, direct evidence is
some of the most powerful that you can bring to bear in these proceedings,
and collecting that concrete evidence is what these private investigators
do best.

By the very nature of being an adulterer, your soon-to-be ex is not
inclined to be honest with you or with the court. They will tell you that
there’s been a misunderstanding or that the nature of the alleged
relationship has been blown out of proportion. But when you can confront
them with photos, documents, or even video evidence of their misdeeds,
gathered by a professional, they will have a much harder time denying the
truth.

What Happens if You Discover Cheating After Filing for Divorce?

Sometimes new evidence may come to light after you’ve filed for divorce,
and you discover the extramarital affair afterward. In this case, you can
potentially amend the grounds for divorce to include adultery.

Can I Sue My Spouse or Their Extramarital Partner?

Not anymore. At one point, Georgia law allowed for legal action based on
“alienation of affection,” otherwise known as homewrecker laws, which
would have allowed you to sue. The state legislator appealed these laws in
1979, and today Georgia law specifically bars these types of lawsuits.

Having said that, proof of adultery can have a tremendous impact on a
divorce settlement, providing financial compensation and greater custody
of a child, essentially acting as a punitive measure for those caught
cheating.

How Can I Get Separated from My Cheating Spouse?

In most states, when a married couple does not want to divorce but wishes
to live apart, this is called a “legal separation.” The state of Georgia,
however, does not have any provisions for legal separation. Instead, it
employs what is known as “separate maintenance.”

More than just semantics, a separate maintenance offers some of the
benefits of legal separation but requires both parties come to an
agreement on things like temporary child support and custody, temporary
alimony, and temporary division of certain property. To file for separate
maintenance, one spouse must have lived in Georgia for at least 30 days.
An attorney can help you file an order for separate maintenance, but it
will not end the marriage. In Georgia, only a divorce can do that.

Are Adultery Divorce Cases Visible to The Public?

It is worth considering before going through with divorce that, yes,
divorce proceedings are generally a matter of public record in the state
of Georgia. In the heat of the moment, you may be feeling anger and
resentment toward your cheating spouse but take a moment to consider what
comes after the divorce. Being known as an adulterer in the public record
will follow your spouse along far after the divorce, but it is a scarlet
letter that can follow your children as well. You need to decide whether
you want them to know the full ugly details of their parent’s
transgressions.

There are, of course, alternatives. One of them, required by Georgia law
before any divorce case can proceed, is mediation. This entails both
spouses and their attorneys sitting down with a third party to attempt
some kind of agreement on assets, alimony, and custody outside of a
courtroom. The agreements reached during mediation are not legally
binding, but they do have the advantage of remaining out of the public
eye. They also save both parties the time and financial hardship of a
full-blown trial.

Another option is arbitration, which is similar to mediation but carries
with it two distinct advantages. The first is that the decisions reached
by the third-party arbiter are legally binding, letting both spouses avoid
a trial at all. The second is that any particulars of your case and
anything discussed during arbitration are never entered into the public
record.

The Wolf Analogy in an Infidelity Case
In the wild, there are a few different types of predators. There are
ambush predators, who remain hidden until they are least expected, then
strike with the element of surprise. These predators rely on confusion,
chaos, and short bursts of energy to subdue their prey.

The wolf is a different type of predator. Rather than quick, intense
action, they are relentless in their endurance. They will follow their
prey, testing its defenses, until they have a full understanding of its
strengths and weaknesses.

When you are dealing with adultery in a divorce case, you are in a good
position to see a positive outcome. But only if you are patient and
exercise practiced strategy. You need an attorney who will approach your
case like a wolf – calculating, patient, and willing to do what it takes
to win. If the other side is willing to compromise and help you get your
needs met, we may make a consideration. But if they’re ready to fight,
they had better be prepared to go the distance.

Ours is the targeted, strategic aggression of the wolf. Some attorneys
pride themselves on acting like a bulldog, grabbing on for dear life, and
never letting go no matter the cost. But the wolf approaches the pursuit
with instincts and intellect that, ultimately, make it the predator you
need in the fight for what you are entitled to.

Take Action Now
The sooner you call for the wolf, the sooner you get The Claiborne Firm
involved in your case, the sooner we can begin. You must act quickly in
hiring a divorce attorney so that evidence can be properly scouted and
preserved, motions can be filed, and the groundwork can be laid for a
successful case.

This will be a trying tumultuous time for you. You need trusted legal
counsel in your corner.

Preparing To Win & Move On
Whether through mediation, arbitration, or in a courtroom, we have a
proven record of getting our clients what they want and what they deserve.
Because we have the experience to anticipate what’s coming, and the
practiced patience to wait for our moment to capitalize on it, we can
resolve most adultery divorce cases swiftly and with the best results for
you.

Moving On When There Are Children Involved
Despite the emotional damage of an affair and the sometimes-bitter contest
of a divorce, we understand how important it is for divorced spouses to
maintain some measure of a relationship when there are children involved.
There are milestones that both will want to witness, from high school
graduations to weddings, and we work to ensure they are both comfortable
taking part. We’re not in it to tear families apart. We are in it to get
you what you want, and what you deserve.

Our $450.00 Initial Infidelity Divorce Evaluation
Your journey will begin with our initial confidential consultation to
establish the facts and begin developing the attorney/client relationship.
This simple $450 flat fee buys you a greater understanding of your case –
the circumstances, the liabilities, and the strategy. Beyond giving you
greater confidence in your attorney’s ability to deliver for you, this
first step is crucial in protecting your rights under the law for your
children and your assets.

This initial session will also answer the question we get asked most: “How
much will this cost?” We will establish our retainer fee at this time
based on the complexity of your case and the time we estimate it will take
to see your needs met. That way, you only pay what you need, and not a
penny more.

The Best Preparation Leads to The Best Results
Because we place such a massive emphasis on getting to know the
particulars of your case upfront, and because we build that relationship
with you first, we walk into mediation or court better prepared than the
other side. Preparation is the key to winning, and it’s a key we’ve used
to unlock countless cases just like yours.

Schedule a Legal Consultation
If you’ve had your trust betrayed and your life shattered by an adulterous
spouse, protect your future and your children’s future now by scheduling a
confidential consultation with the Claiborne Firm.

Call (912) 351-8775 or Contact Us Online